Samsung asks for retrial in Apple’s $1 billion patent case

Samsung has infringed a patent filed by its competitor Apple last year and worth $1 billion. But now Samsung has asked for a new trial in the case, because of a new examination of this patent at the USPTO (U.S. Patent and Trademark Office).

Samsung filed a petition at the beginning of this week in which the company requested the U.S. District Court for the Northern District of California a retrial for a US patent numbered 7,469,381 regarding list scrolling, document translation, scaling and rotation on a touch-screen display.

At the beginning of this year, the Patent and Trademark Office has examined Apple’s patent again and Samsung has found, according to its lawyers’ documentation in court, that Apple “successfully advocated a new claim construction […] and significantly narrowed its scope in connection with re-examination proceedings before the PTO to avoid having this claim rejected,”.

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Samsung’s lawyers also claim that even though Apple’s request was confirmed by the USPTO, Apple supposedly advocated an entirely new and far narrower interpretation against Samsung, and that taking into consideration the latest interpretation, some of Samsung’s products are not infringing Apple’s ruling anymore.

Samsung has requested as well to the court a stay in the case during its appeal. Florian Mueller on Fosspatents.com has reported that Samsung also requested for its deadlines to be eliminated in this case a week ago, since Apple’s new damage expert showed larger damage estimations than before. In response, Apple said that Samsung is trying to “delay and derail” this unfortunate case.

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